Vikash Sharma @ Vikash Kumar Sharma @ Vikash Kumar v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.41136 of 2018 Arising Out of PS. Case No.-283 Year-2016 Thana- MAHILA P.S. District- Bhojpur ====================================================== Vikash Sharma @ Vikash Kumar Sharma @ Vikash Kumar, S/o. Braj Kishore Sharma @ Brij Kishore Rai, resident of Village- Karavasin, P.S. Sahar, District- Bhojpur.

... ... Petitioner/s

Versus

1. State Of Bihar

2. Avantika Rai Sharma @ Puja, D/o. Vidya Prakash Rai, Resident of Mohalla - Bishnu Ngar, P.S. Nawada, District- Bhojpur. ... ... Opposite Parties ====================================================== Appearance :

For the Petitioner/s :

Mr. Parmanand Pd. Nr. Sahi For the Opposite Party/s :

Mr. Sanjay Kumar Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 10-07-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case instituted for the offences under Sections 341, 323, 379, 498A/34 of the Indian Penal Code and Sections 3⁄4 of the Dowry Prohibition Act. Allegation against the petitioner is of committing torture upon the victim due to non-fulfilment of demand of dowry.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 12.6.2018 and has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. Charge-sheet has been

Patna High Court Cr.Misc. No.41136 of 2018(2) dt.10-07-2018 2/2 submitted in the present case. The petitioner has falsely been implicated in the present case due to petty family dispute. The case is triable by the Magistrate. The petitioner has relied upon the judgment of this Court in the case of Md. Naimul Haque Ansari @ Naimul Haque Ansari & Ors. Vs. The State of Bihar, reported in 2006(3) PLJR 182.

On behalf of the State, it is submitted that the petitioner is named in the F.I.R/complaint case. Considering the aforesaid facts and circumstances, it is directed that the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Bhojpur, Ara in connection with Bhojpur Mahila P.S. Case No. 283 of 2016.

(Sudhir Singh, J) Pankaj/- U T